N7- Notice to End your Tenancy for Causing Serious Problems in the Rental Unit or Residential Complex
TRANSCRIPT
Introduction
Welcome to Landlord’s Self-Help Centre’s module about the N7 notice to end your tenancy for serious problems caused in the rental unit or residential complex. The information offered in this presentation is intended as general information, it is not legal advice. If you need more information, please contact a legal service provider.
Important information
If your tenant or their guest is impairing the safety of others in the rental unit or causing wilful damage, it is very important that you take action right away. DO NOT wait months before you do something.
You will need strong evidence to present to the adjudicator at the Landlord and Tenant Board. If you can’t prove whether the person who caused damage did so wilfully, it’s best to proceed with the N5 notice instead.
If you live in the same building as the tenant and there are 3 or fewer units, Form N7 can be used if you want to end the tenancy for interference without giving the tenant an opportunity to correct their behaviour.
The application process can take months or longer, so make sure to read the notice carefully, understand what you are giving to your tenant, and follow the timelines.
Names & Address
When listing the tenants, include names of those who are identified on your tenancy agreement as tenants, or in the case of verbal tenancies, include names of only those who have been paying the rent.
If your tenant uses a nickname, include both their legal name and their nickname (see the example with Jonathan Smith).
If you have a joint tenancy (2 or more tenants together on one agreement) make sure to include all their names. The same applies with landlords, include full names of all landlords for a rental unit.
It is very important for the address of the rental unit to include the full address and specify exactly where the tenant is living, such as the main floor, basement, or unit number if there is one.
Termination date
Form N7 is a 10-day termination notice, and it does not give the tenant an opportunity to void it. When calculating the termination date, the day this notice is served to the tenant is considered Day 0, the next day is Day 1.
Reason
Shade in the box next to the appropriate reason for this notice. If more than one reason applies, shade all applicable boxes, but make sure you have the necessary evidence to satisfy each reason or there is a risk your notice and application will get dismissed.
The N7 termination notice is commonly given to tenants for:
- Safety impairment;
- Willful damage;
- If the rental unit is being used in an inconsistent manner with its use as a residential premises and this has caused or can be expected to cause serious damage; or
- The landlord and tenant live in the same building, with 3 or fewer units, and the tenant is causing interference.
Details
Make sure to include all the detailed reason for giving this notice in the chart provided. There is limited space in the details chart, so if you need more room to outline all the information, write SEE ATTACHED in the box and attach the additional pages.
Example
It is not enough to put in the basic information with the intention of explaining it in more detail at the hearing. If this part of the N7 notice is not filled in with as much information and detail as possible, including dates and times, there is a chance the application will be dismissed and you will have to start the process all over again.
Any additional pages you include with the N7 notice must be included with the copy you give to the tenant and the copy you submit to the landlord and tenant board. It’s also a good idea to keep a copy for yourself.
Signature
If there are multiple landlords, only one of them needs to sign the notice. The date next to the signature is the date the notice will be given or sent to the tenant.
Review the notice to make sure there are no mistakes, that you understand what you are giving to the tenant and keep a copy for yourself. If there are multiple tenants, make a photocopy for each.
Service Rules
Make sure to deliver the notice to the tenant according to the Landlord and Tenant Board Rules. Improper service will result in you having to start the process all over again.
The most common methods of service are delivery in person to the tenant, sliding it underneath the unit door, or putting it in the mailbox (as long as you do not require a key to access it).
Never post this notice on the unit door, or send it by text message, as these are not proper methods of service and will make the notice invalid.
Consent to Service by Email
Landlords and tenants can consent in writing to service by email. While it is not mandatory to use the Landlord and Tenant Board form, it is suggested that you document the agreement with your tenant using it in order to obtain all the required information.
You can also check off the box on page 2 of the Standard Form of Lease to document this agreement.
It is important to note that consent can be revoked at any time, by the landlord or tenant, as long as it is done in writing.
Next steps
If the tenant does not move out by the termination date or you want to try to save time, you should continue with the process and file the L2: Application to End a Tenancy and Evict a Tenant or Collect Money. This application can be filed right after the notice is provided to the tenant.
It is important to continue with the L2 application to the Landlord and Tenant Board if you don’t think the tenant will move out on their own. Keep in mind that this eviction process may take 4 to 6 months on average.
Conclusion
Thank you for watching this module about the N7 notice to end your tenancy for serious problems caused in the rental unit or residential complex.
The information offered in this presentation is intended as general information, it is not legal advice.
If you have a specific issue or situation, please contact a legal service provider.